CALCRIM No. 2765. Misappropriation of Public Money (Pen. Code § 424(a)(1-7))

Judicial Council of California Criminal Jury Instructions (2020 edition)

Download PDF
J. MISAPPROPRIATION OF PUBLIC MONEY
2765.Misappropriation of Public Money (Pen. Code § 424(a)(1-7))
The defendant is charged [in Count ] with misappropriating
public money [in violation of Penal Code section 424(a)( ) <insert
correct paragraph>].
To prove that the defendant is guilty of this crime, the People must
prove that:
1. The defendant was responsible for receiving, safekeeping,
transferring or distributing public money;
[AND]
2. The defendant, while responsible for receiving, safekeeping,
transferring or distributing public money:
2. <select the element that corresponds to the paragraph of Pen. Code
§ 424(a) with which defendant is charged>
<(a)(1)> [took some of that money for (his/her) own or someone
else’s use without legal authority;]
<(a)(2)> [loaned, made a profit from, or used some of that money
without legal authority;]
<(a)(3)> [knowingly kept a false account or made a false entry or
erasure in any account of the money.]
<(a)(4)> [fraudulently changed, falsified, hid, destroyed, or
obliterated an accounting of that money.]
<(a)(5)> [willfully refused or failed to disburse, on demand, any
public money in (his/her) control in response to a draft,
order, or warrant drawn upon that money by competent
authority;]
<(a)(6)> [willfully failed to transfer any public money when the
transfer was required by law;]
<(a)(7)> [willfully failed or refused to disburse any money that (he/
she) had received to a person legally authorized to receive
that money, despite having a legal duty to do so;]
2. <give element 3 when instructing on Pen. Code § 424(a)(1), (a)(2),
(a)(5), (a)(6), (a)(7)>
[AND
3. When the defendant did so, (he/she) (knew that (he/she) was not
657
following the law on receiving, safekeeping, transferring or
distributing public money or was acting without legal authority/
[or] was criminally negligent in failing to know the legal
requirements for or restrictions on (his/her) conduct).]
A person who is responsible for public money only needs to have some
control over the money. That control does not need to be a major part of
that person’s job.
[Criminal negligence involves more than ordinary carelessness,
inattention, or mistake in judgment. A person acts with criminal
negligence when the way he or she acts is so different from the way an
ordinarily careful person would act in the same situation that his or her
act amounts to disregard for the consequences of that act.]
[A person acts fraudulently when he or she makes a false statement,
misrepresents information, hides the truth, or otherwise does something
with the intent to deceive.]
[The term public money includes all funds, bonds, and evidence of
indebtedness received or held by state, county, district, city, town, or
public agency officers in their official capacity. It also includes money
received from selling bonds or other evidence of indebtedness authorized
by the legislative body of any city, county, district, or public agency.]
[A person commits an act willfully when he or she does it willingly or on
purpose.]
New March 2018
BENCH NOTES
Instructional Duty
The court has a sua sponte to give this instruction defining the elements of the
crime.
AUTHORITY
• Definition of Public Funds/Moneys. Pen. Code, §§ 424(b), 426.
• Definition of Responsible for/Charged With. People v. Groat (1993) 19
Cal.App.4th 1228, 1232 [24 Cal.Rptr.2d 15].
• Definition of Fraudulent Behavior. People v. Pugh (2002) 104 Cal.App.4th 66,
72 [127 Cal.Rptr.2d 770].
• Criminal Negligence Requirement. Stark v. Superior Court (2011) 52 Cal.4th
368, 399 [128 Cal.Rptr.3d 611, 257 P.3d 41].
2766-2799. Reserved for Future Use
CALCRIM No. 2765 CRIMES AGAINST GOVERNMENT
658

© Judicial Council of California.